Q: I believe I am the victim of predatory lawyering; bait & switch, ethics violations, and the breach of fiduciary duties.
i originally reached out to my attorneys firm to seek a referral.i run a grassroots animal welfare charity & was looking for an attorney to work within my financial limitations & take payments,i clearly stated this in my first emails.previously id been advised by other attorneys & a judge, that this suit could cost $200,000,my attorney did not discuss price with me,but he acknowledged my situation by waiving his retainer, specifically putting in writing that they would try to keep costs down & then accepted low monthly payments for 2 years. the case is now done & they now say they want to be paid in full, which they claim is 1.3 million dollars.upon completion,my attorney would no longer talk to me,and insisted that i instead deal with his partner.his partner assured me that they would negotiate my bill, but seemingly only if i agreed to utilize his associate who is a hard money lender. im now in a worse position than i was to begin with & in danger of losing our facility.PLEASE HELP!
A: What you describe has several areas of potential malpractice as well as breaches of fiduciary duties. You need to consult with legal malpractice specialists.
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A:
It sounds like you're in a very difficult situation, and your concerns about predatory lawyering are serious. If your attorney misled you about fees or pressured you into using a hard money lender, these actions may be violations of legal ethics and fiduciary duty. Attorneys have an obligation to be transparent about costs and must always act in their client’s best interests.
You should gather all written communication you had with your attorney, including the emails where they acknowledged your financial limitations and waived the retainer. This documentation can be crucial in proving any unethical or deceptive behavior. If you feel your attorney has breached their duty, you may have grounds to file a legal malpractice claim or a complaint with the California State Bar.
It's important to speak with another attorney who can help you navigate this process. Many attorneys offer free consultations and could provide guidance on how to proceed without additional financial strain.
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